Digital Commons Network^™

The Constitutionality Of Dna Sampling On Arrest, David H. Kaye

Faculty Scholarship

Every state now collects DNA from people convicted of certain offenses. Law enforcement authorities promote offender DNA databanking on the theory that it will identify offenders who commit additional crimes while or probation or parole, or after they have finished serving their sentences. Even relatively small databases have yielded such dividends. As these database searches uncover the perpetrators of rapes, murders, and other offenses, the pressure builds to expand the coverage of the databases.

Recent proposals call for extending not merely the scope of crimes for which DNA databanking would be used, but also the point at which the samples …

Welfare, Work, And American Indians: The Impact Of Welfare Reform, Eddie Brown, Leslie Whitaker, Melinda Springwater, Stephen Cornell, Miriam Jorgensen, Michelle Hale, Amie Nagle

Buder Center for American Indian Studies Research

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) ushered in a new era of welfare programs in America. PRWORA and related legislation specifically addressed the needs of American Indian tribes. In this report we review the key features of the welfare reform legislation as it applies to American Indians and Indian Country, assess—to the best of our ability with currently available information—its impact on Indian nations and its chances of achieving its goals, and identify key issues that demand attention if welfare reform is to succeed on Indian lands. The report is divided into three major parts, …

The Bison: 2001, Howard University

Howard University Yearbooks

This digital object was funded in part through a grant from the Andrew W. Mellon Foundation. The digitalization of this object was part of a collaborative effort with the Washington Research Library Consortium and George Washington University.

Adr And The Professional Responsibility Of Lawyers, Jacqueline M. Nolan-Haley, Robert F. Cochran Jr., Stephen K. Huber, Kimberlee K. Kovach

Fordham Urban Law Journal

Should the meaning of "ethical" lawyering change in the ADR context? This article contains several essays arguing that change is needed, that current ethics rules and codes must be adjusted, and new rules must be drafted that respond to the subtleties and complexities of the issues raised in ADR legal practice. Professor Carrie Menkel-Meadow provides an overview of the major ethical issues facing lawyers in ADR practice and reviews the current ethics rules landscape in ADR. Professor Robert Cochran offers a proposal to amend the current professional responsibility rules to include a mandate for advising clients of ADR options. Professor …

Contractual Welfare: Non-Accountability And Diminished Democracy In Local Government Contracts For Welfare-To-Work Services, Barbara L. Bezdek

Fordham Urban Law Journal

The Welfare State of the mid-twentieth century has been supplanted by the rise of the Contractual State, miring welfare reform in the United States in this worldwide reinvention of government. Moving people from welfare to work became a primary goal of federal welfare policy with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and the Temporary Assistance for Needy Families program it created. This new structure expressly permits states to devolve welfare policy and operations further still, to the county and city levels, and even to private vendors. As a result of this change, new issues of accountability …

Privatization And Public Employment: An Essay On The Current Status And The Stakes, John D. Donahue

Fordham Urban Law Journal

This Essay engages two questions: Is conventional public service being swept away by a tidal wave of outsourcing? And, if replacement by private providers is eroding public employment, how (if at all) should the interests of government works, and government employment as part of America's social landscape, be considered as factors in the debate about privatization?

Privatization And The New Public Management, E.S. Savas

Fordham Urban Law Journal

Privatization is now commonplace throughout the world: in communist, socialist, and capitalist countries; in developed and developing countries; in democracies and dictatorships. It is no longer a partisan or ideological issue, but rather a pragmatic and increasingly routine approach to governing and to managing public services. In short, privatization, properly carried out, works well and produces benefits. It requires a different role for government, and it calls for more brain cells and fewer muscle cells in the public service.

The Changing Shape Of Government

Fordham Urban Law Journal

Gillian E. Metzger, Alfred C. Aman Jr., Charles F. Sabel, Lester M. Salamon, E.S. Savas and Elliot D. Sclar participate in panel discussions focusing on the question of how to secure government accountability in the context of the expansion of privatization in government? This panel discusses some of the changes we are seeing in government institutions and in the ways government operates. The panelists describe ways in which the move toward privatization and the expansion of the gray area between public and private is occurring, but also will talk about changes we may see as being particularly useful in dealing …

International Law Clients: The Wisdom Of Natural Law, Robert John Araujo

Fordham Urban Law Journal

This Article discusses natural law, the foundation of many international law principles. First, it describes the natural law and its bearing on the practice of international law. Second. it describes the concept of "the common good," a foundation of natural law. Third, it introduces the term "solidarity" and its relation to achieving the common good. Fourth, it describes the concept of "subsidiarity," a form of decision-making necessary for natural law to inform international law. Finally, it explains the suum cuique, a critical precept in natural law as it applies to international law. The Article concludes that natural law principles that …

Freedom Of Expression In New York State: What Remains Of People Ex Rel. Arcara V. Cloud Books, Inc.?, Jeremy J. Bethel

Fordham Urban Law Journal

This Note explores the decline of People ex rel. Arcara in New York State jurisprudence over the last decade. It first describes traditional and contemporary methods of testing free expression infringements, including a discussion of federal minimum standards, and protection expansions implemented by the New York Court of Appeals. Next, it describes the effect of federal "secondary effects" jurisprudence upon the People ex rel. Arcara standard, and how that encounter skewed lower court application of that standard for all cases involving "content-neutral" infringement of protected speech. Finally, it examines the illogical consequences of the court of appeals' method of deciding …

The Hyde Amendment And Prosecutorial Investigation: The Promise Of Protection For Criminal Defendants, Lynn R. Singband

Fordham Urban Law Journal

This Comment first describes federal prosecutors' broad charging discretion and the resulting potential for abuse. It then discusses how current interpretations of the Hyde Amendment have failed to establish a standard of conduct for federal prosecutors different from that established by preexisting laws, internal regulations, and ethics rules. Finally, it argues that the Hyde Amendment offers the courts an important opportunity to issue opinions detailing how federal prosecutors should exercise their charging discretion. This Comment concludes that courts should take advantage of this opportunity to establish a more exact standard of conduct for prosecutors conducting investigations and thereby offer defendants …

Making Lawyers Good People: Possibility Or Pipedream?, Subha Dhanaraj

Fordham Urban Law Journal

This Comment first outlines general conceptions of morality and moral development according to the widely accepted model promulgated by Professor Lawrence Kohlberg, and enunciates the importance of moral theory in the context of legal education. Next, it analyzes competing views of moral development and challenges some general concerns about the value of moral education in law schools. It then proposes the incorporation of moral teaching in the law school curriculum to remedy the disjunction between persona convictions and legal analysis stemming from the Langdellian method of legal training. Finally, it discusses the challenges to incorporating moral education into legal training. …

Lesbian, Gay, Bisexual, And Transgender Communities And Intimate Partner Violenec

Fordham Urban Law Journal

Panelist Valerie B, a survivor of domestic abuse, discussed her experience in a abusive relationship with another woman. She discussed the trauma and how she slowly got out of the relationship. Panelist Lisi Lord, associate director of programs at My Sisters' Place, then gave an overview of the things she has learned working with victims of violence on the LGBT community. She discussed some of the barriers they face as a marginalized group and how their expression of sexuality and societal response to it makes their problems unique. Panelist Lt. Grace A. Telesco, chair of the Behavioral Science Department of …

Overcoming Barriers In Communities

Fordham Urban Law Journal

Panelist Evelyn Cardona, discussed the work of the Brooklyn Coalition Against Family Violence, where she is the director, her own experience as a battered woman, and how she overcame it. Panelist Nechama Wolfson, president of the Shalom Task Force, then talked about the work of Shalom Task Force, a grasroots group of Orthodox Jewish women was doing on the community. Panelist Angela Lee, associate director of the New York Asian Women's Center, discussed the work her organization does with Asian battered women. Panelist Mircia Sanchez discussed the Harlem Dowling West Side Center for Children and Family Services, where she is …

Confronting Same-Sex, Student-To-Student Sexual Harassment: Recommendations For Educators And Policy Makers, Thomas A. Mayes

Fordham Urban Law Journal

Student-on-student sexual harassment has been the subject of significant scholarly commentary and numerous court battles. In light of the United States Supreme Court's decision in Davis v. Monroe County Board of Education, which held that in certain cases students have a cause of action under Title IX against schools for peer sexual harassment, many schools have been advised to consider responses to and ways to prevent student-on-student sexual harassment. When considering corrective and preventative approaches to peer sexual harassment in the schools, educators and policy makers should strongly consider addressing same-sex harassment. Prior to its decision in Davis, a unanimous …

Strong, Smart, And Bold Girls: The Girls Incorporated Approach To Education , Heather Johnston Nicholson, Mary F. Maschino

Fordham Urban Law Journal

Girls Incorporated is a national non profit youth organization that "inspires all girls to be strong, smart and bold". in 200, Girls Inc. programs reached more than 740,000 girls and young women ages six through eighteen. A vast majority of these programs are conducted at schools during and after the school day. Program areas include science, media criticism, leadership, and substance use prevention. This article explores the different tactics, philosophies, and programs utilized used by Girls Inc.

Procreation And The Prisoner: Does The Right To Procreate Survive Incarceration And Do Legitimate Penological Interestes Justify Restrictions On The Exercise Of The Right, Richard Guidice Jr.

Fordham Urban Law Journal

No abstract provided.

Effects Of Selctive Lesions Of The Nucleus Basalis Magnocellularis On Working Memory In Rats., Michelle Marie Noble

All-Inclusive List of Electronic Theses and Dissertations

The nucleus basalis magnocellularis (NBM) of the rat brain is analogous to the nucleus basalis of Meynert found in humans. Alzheimer's disease patients have working memory impairments, which may be attributable to damage to the basal nucleus of Meynert. Excitotoxins such as quisqualic and ibotenic acid have been previously used to make lesions of the NBM in research animals. NBM lesions made with ibotenic or quisqualic acid are known to impair working memory. However, in addition to damaging the cholinergic neurons of the NBM, the lesions made by these excitotoxins also destroy cells of other nearby structures, and it is …

The Relationship Between Income And The Ability To Follow The Prescribed Medication Plan In Elderly Persons With Heart Failure, Lori Houghton-Rahrig

Masters Theses

The purpose of this study was to determine if there was a relationship between income, and obtaining and taking of medications as prescribed. The conceptual framework used for this study was Madeleine Leininger's cultural care diversity and universality theory. This secondary analysis used the initial data from the primary study. “ Home Care Outcomes for Heart Failure: A Test of Two Nursing Approaches" (Kline, 1999). A convenience sample of 70 home care clients with heart failure were interviewed using a Likert scale format. A non-parametric correlation using Spearman’s rho depicted a weak relationship between annual income and taking the medication …

The Effect Of Supportive-Educative Nursing Interventions On The Hospital Readmission Rates Of Patients With Heart Failure, Patrice M. Whitaker

Masters Theses

The prevalence of heart failure (HF) is increasing and patients with HF are frequently readmitted to hospitals soon after discharge, at great cost. Improving self-care and reducing hospitalizations in this group is vital. This study, based on Dorothea Orem’s ( 1995) self-care deficit theory, evaluated supportive-educative vs. placebo nursing interventions. The study results were drawn from a larger longitudinal study done by Dr. Kay Setter-Kline, Ph.D., R.N.

The study sought to determine if supportive-educative nursing interventions reduced the rehospitalization rate for patients with HF. The Self-Management Tool was utilized for data collection, after being adapted from the Chronic Disease Self-Management …

The Effects Of Mentoring On Staff Nurses' Job Satisfaction, Karen Delrue

Masters Theses

The shortage of registered nurses in the nation’s healthcare organizations calls for an exploration of avenues that can impact recruitment and retention. The practice of mentoring has demonstrated a positive impact on job satisfaction in previous studies. The purpose of this study was to determine if RNs would identify having mentors in their professional careers and to examine differences in levels of job satisfaction compared to those without a mentor. This study also explored whether or not the perceived quality of the mentor affected job satisfaction. Data were collected through the use of standardized questionnaires from a probability sample of …

A Qualitative Evaluation Of The Safety Program At Newport Chemical Depot, Newport, Indiana, Patrick William Guy

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this qualitative study was to evaluate the perceived effectiveness of the Safety Program at Newport Chemical Depot, Newport, Indiana. A desired outcome of the qualitative study was to inform management about how previous events affected the Safety Program and there direct effect on lowering accident statistics and worker compensation costs. Constant comparative analysis was selected to collect, codify, and analyze the data. Data for this qualitative study was supplied from record and document reviews and validated by the use of a three-member evaluation team and by interviewing workers that were working at Newport Chemical Depot between 1986 …

Implementation Of Middle -Level Programmatic Characteristics And Their Impact On Eighth-Grade Istep+ Scores, Mark Alan Baker

All-Inclusive List of Electronic Theses and Dissertations

The study's purposes were to (1) analyze the difference among the level of implementation of middle level programmatic characteristics (Advisor/Advisee guidance program, cocurricular activities, exploratory classes, flexible scheduling, interdisciplinary teams, and integrated curriculum) and middle level grade configuration (K–8, 6–8, 7–8, 7–12); (2) analyze the relationship between the level of implementation of middle level programmatic characteristics and 8 th Grade ISTEP+ scores; (3) analyze the difference in 8 th Grade ISTEP+ scores among middle level grade configurations; (4) analyze the linear composite of middle level programmatic characteristics which explains the amount of the variance in 8 th Grade ISTEP+ scores; …

Canadian Federalism And Its Impact On Cross-Border Trade, Patrick J. Monahan

Articles & Book Chapters

No abstract provided.

Vireo Song Repertoires And Migratory Distance: Three Sexual Selection Hypotheses Fail To Explain The Correlation, D. James Mountjoy, Daniel Leger

Department of Psychology: Faculty Publications

Previous studies have found a relationship between migration and the degree of elaboration of sexually selected traits, but investigators have differed in the mechanisms they proposed to account for this association. We examined the relationship between song repertoire size and distance migrated among birds in the genus Vireo. There is a strong positive relationship between migratory distance and repertoire size in this genus, but our data do not support the specific predictions of any of the three proposed mechanisms (the “rapid pairing,” “good migrations,” and “territory lottery” hypotheses). Migration distance is presumably correlated with other life-history characteristics that influence the …

In The Name Of The International: The Supreme Court Of Canada And The Internationalist Transformation Of Canadian Private International Law, Robert Wai

Articles & Book Chapters

Globalization and internationalization are pervasive in contemporary cultural, political, and economic policy discourses. Not surprisingly, a concern with internationalization and globalization increasingly characterizes the policy discourses of law. While the law often operates at a lag to broader social trends, it is sometimes more active in constituting such trends. This article is concerned with a striking episode of legal change oriented towards the perceived new realities of the international system, which occurred in the unlikely venue of private international law in Canada.

The Internet In Light Of Traditional Public And Private International Law Principles And Rules Applied In Canada, Jean-Gabriel Castel

Articles & Book Chapters

In general, the jurisdiction of a state to prescribe, to adjudicate, and to enforce' is related to physical location. Yet, physical location is foreign to the Internet, which can be defined as the electronic medium of worldwide computer networks within which online communication takes place. The absence of physical location calls into question the applicability of the traditional public and private international law principles and rules that are based primarily on territoriality, in order to delineate the jurisdiction of states and their courts over the Internet and its users.

What Is Marriage-Like Like? The Irrelevance Of Conjugality, Brenda Cossman, Bruce Ryder

Articles & Book Chapters

While the notion of conjugal or marriage-like has become legally ubiquitous in the regulation of non-marital cohabitation in Canada, its meaning remains elusive. A review of the case law and of spousal definitions in income security schemes reveals that the presence or absence of a sexual component to a relationship has become immaterial to, or of declining relevance in, the determination of conjugality. As a result, legal decision-makers have had to grapple with the increasing instability of the distinction between conjugal and non-conjugal relationships. The question of whether a relationship has a sexual component bears no relation to legitimate state …

Norm Theory And The Future Of The Federal Appointments Process, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Congressional Factfinding And The Scope Of Judicial Review: A Preliminary Analysis, Neal Devins

Faculty Publications

No abstract provided.